Florida Regulations 64B8-1.001: Probable Cause Determinations
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(1) The determination as to whether probable cause exists that a violation of the provisions of chapters 456 and 458, F.S., and/or the rules promulgated pursuant thereto, has occurred shall be made by a majority vote of a probable cause panel of the Board.
(2) There shall be two probable cause panels of the Board. Each probable cause panel shall be composed of three members, one of whom may be a physician who was a past Board member who is not currently appointed to the Board and one of whom may be a past lay member who is not currently appointed to the Board. One member of the probable cause panel must be a current Board member.
(3) In instances when the probable cause panel is considering cases involving a physician assistant, the panel shall also have a physician assistant participating on the probable cause panel. The physician assistant is only permitted to hear cases involving discipline of physician assistants. If the physician assistant is not able to attend the meeting of the probable cause panel, the panel may consider the case and vote on the matter in the absence of the physician assistant.
(4) The probable cause panel members shall be selected by the Chair of the Board, one (1) of whom shall be designated by the Chair of the Board as the presiding officer of the panel.
(5) Each probable cause panel shall meet at such times as called by the presiding officer of the panel or by two members of the panel.
Rulemaking Authority Florida Statutes § 456.073(4). Law Implemented 456.073(4), 458.331(10) FS. History-New 12-5-79, Amended 11-26-80, 5-27-81, Formerly 21M-18.06, Amended 12-4-86, 7-4-88, 1-1-92, Formerly 21M-18.006, 61F6-18.006, 59R-1.006, Amended 3-29-01, 12-4-06.
Terms Used In Florida Regulations 64B8-1.001
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(3) In instances when the probable cause panel is considering cases involving a physician assistant, the panel shall also have a physician assistant participating on the probable cause panel. The physician assistant is only permitted to hear cases involving discipline of physician assistants. If the physician assistant is not able to attend the meeting of the probable cause panel, the panel may consider the case and vote on the matter in the absence of the physician assistant.
(4) The probable cause panel members shall be selected by the Chair of the Board, one (1) of whom shall be designated by the Chair of the Board as the presiding officer of the panel.
(5) Each probable cause panel shall meet at such times as called by the presiding officer of the panel or by two members of the panel.
Rulemaking Authority Florida Statutes § 456.073(4). Law Implemented 456.073(4), 458.331(10) FS. History-New 12-5-79, Amended 11-26-80, 5-27-81, Formerly 21M-18.06, Amended 12-4-86, 7-4-88, 1-1-92, Formerly 21M-18.006, 61F6-18.006, 59R-1.006, Amended 3-29-01, 12-4-06.